Re: liability question, was: Health Insurance C ...

[Paul Fox <pgf@xxxxxxxxxxxxxxxxxxxx>]

 > 
 > IMHO he was wrong for letting his insurance lapse.  I would be P.O.ed but at

waitaminnit.  let's not blame the victim, shall we?

whether or not he was insured has absolutely _nothing_ to do with
whether the apartment complex is liable or not.  whether the loss is
his, or the insurance companies, there's still a loss involved, and if
the apartment complex is responsible for that loss, then they should
cover it.  this guy's insurance coverage has _nothing_ to do with the
complex's liability.

that being said, i suspect it's highly unlikely that the complex can
be expected (or forced) to pay -- i'm sure they have a clear "not
responsible for stolen articles" policy, though i've heard in the past
that those policies (like at a restaurant coat rack are meaningless,
and that the premises _is_ responsible).  on the other hand, if they
made promises regarding a certain level of security, and if those
promises directly contributed to the victim's non-renewal of his
insurance, and perhaps if the thieves were particularly flagrant in
their theft (e.g., if minimal security measures on the part of the
complex would have prevented the theft), then i could imagine a case
might well be made that the apartment complex is in breach of some
sort of contract.

paul
=---------------------
  paul fox, pgf@xxxxxxxxxxxxxxxxxxxx (arlington, ma, where it's 22.3 degrees)
  'oh-oh Sprint RS, '91 VX800, DoD #1462, AMA #545601

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